Explore The NRA Universe Of Websites

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

Wednesday, August 2, 2023

NRA to Move for Expedited Relief for Its Members in Light of Fifth Circuit Pistol Brace Ruling

The National Rifle Association of America (“NRA”) announced today that it would be expediting its motion for a preliminary injunction to protect its members from the Biden Administration’s unlawful attempt to reclassify braced pistols as “rifles” subject to onerous registration requirements.

The announcement comes a day after the Fifth Circuit’s decision in Mock v. Garland, which finds the controversial “pistol brace rule” recently issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) is probably unlawful under the Administrative Procedure Act (“APA”).

In an opinion issued yesterday, the Fifth Circuit agreed with what the NRA has contended from Day 1 – the Biden Administration’s Pistol Brace Rule is unlawful.

The rule seeks to rewrite the National Firearms Act (“NFA”) to make any pistol that has a stabilizing brace attached a “rifle” subject to the stringent registration and transfer requirements of the NFA. But the ATF sought to couch its sweeping rewrite of the law as a mere “interpretation” of the NFA – despite the fact that, over the course of more than a decade, the ATF has repeatedly assured law-abiding gun owners and manufacturers that adding a brace to a pistol does not transform the weapon into a “rifle.”

Thus, the ATF contradicted itself and sought to subject law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms. Even worse, the ATF sought to sidestep a barrage of negative comments for its proposed rule, including the NRA’s comments, by attempting an 11th-hour rewrite of the Pistol Brace Rule to add a poorly conceived six-factor test “considering everything from the weight of the firearm with the stabilizing brace attached to the prevalence of Youtubers’ demonstrating the likely use of the weapon,” in the words of the Fifth Circuit.

While the Fifth Circuit remanded to the district court to determine the proper scope of injunctive relief, the writing is on the wall: the Pistol Brace Rule is illegal and cannot withstand scrutiny. Further, the Fifth Circuit observed that “in certain circumstances, nationwide relief is appropriate and may be necessary for the benefit of all parties” and emphasized the need for a “consistent application of the law.” All that is left is for the lower courts to give effect to the Fifth Circuit’s clear direction.

The NRA initially backed a lawsuit by several state attorneys general in North Dakota, sought to intervene in a Texas legal action challenging the unlawful rule, and, on July 3, 2023, filed its own lawsuit against the ATF, the U.S. Department of Justice (DOJ), ATF Director Dettelbach, and U.S. Attorney General Merrick Garland (“Defendants”) seeking a preliminary injunction protecting its members from the pistol brace rule. Now, the NRA will move to ensure that its preliminary injunction motion moves on an expedited schedule, so its members may obtain relief even more quickly in light of the Fifth Circuit’s ruling. It is also appealing the denial of its motion to intervene in the Fifth Circuit – an appeal that is currently proceeding on an expedited schedule.

“The NRA fought this unlawful rule at every level – first as a supporter of a major case and then as a plaintiff at the tip of the spear,” says NRA CEO & EVP Wayne LaPierre. “This ruling sends a powerful message to NRA members and law-abiding gun owners everywhere: freedom will be preserved."

“The NRA will move swiftly to expedite its pending preliminary injunction motion, allowing the NRA and its members to quickly obtain the relief they deserve,” says William A. Brewer III, counsel to the NRA. “The Fifth Circuit’s ruling leaves little doubt that the NRA will achieve success on behalf of its members and prevail in protecting them from this unlawful overreach. All the gun rights groups who stood up to this attack on freedom should be commended.”

TRENDING NOW
Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

News  

Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursuing its agenda in ...

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

Wednesday, March 12, 2025

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

North Carolina: Permitless Carry Bill Passes Favorably out of Committee

Wednesday, March 19, 2025

North Carolina: Permitless Carry Bill Passes Favorably out of Committee

This morning, Senate Bill 50, a constitutional carry bill sponsored by Senator Britt and Senator Settle, passed favorably out of the Senate Judiciary Committee with amendments. The bill is now headed to the Senate Rules and ...

VPC Recycles Old Campaign Against .50 Caliber Rifles

News  

Monday, March 17, 2025

VPC Recycles Old Campaign Against .50 Caliber Rifles

It’s been some time since we have talked about one of the oldest, most extreme anti-gun organizations, the Violence Policy Center (VPC).  Back in 2022, we noted the organization wanted then-president Joe Biden’s administration to reclassify ...

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

News  

Monday, March 17, 2025

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

Last week brought yet another installment in the ongoing saga of The Washington Post’s (WAPO) pivot toward “individual liberties and free markets” in its opinion section.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

New Mexico: Sweeping Gun Ban Added to Committee Agenda for Tomorrow!

Wednesday, March 19, 2025

New Mexico: Sweeping Gun Ban Added to Committee Agenda for Tomorrow!

Today the Senate Finance Committee added SB 279, a sweeping gun ban, on tomorrow’s committee agenda. NRA members and gun rights supporters are encouraged to contact the committee NOW and tell them to vote NO on SB ...

Colorado: FOID Bill Passes House Appropriations, More Gun Control In Committee TODAY

Tuesday, March 18, 2025

Colorado: FOID Bill Passes House Appropriations, More Gun Control In Committee TODAY

Last night, the House Appropriations Committee quietly scheduled Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, for a closed hearing at 8am, passing it by a vote of 7-4. Last week, hundreds of Coloradans had signed ...

Connecticut: Bill to Raise Magazine Restrictions From 10 to 15 Rounds Passes Committee

Tuesday, March 18, 2025

Connecticut: Bill to Raise Magazine Restrictions From 10 to 15 Rounds Passes Committee

On Tuesday, March 18th, the Public Safety and Security Committee favorably passed House Bill 7052, which would raise the magazine restriction limit from 10 rounds to 15 rounds, out of committee. This bill would also allow ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.